Court : Guwahati
Decided on : Jun-12-2007
..... non application of mind by the gsfc while passing the order of conviction and sentence and the order of rejection of representation under section 117 of the act by the director general, border security force.3. we have heard mr. b. das, learned sr. counsel as assisted by miss s. das and d. chakraborty as well as mr. ..... , for the purpose of being tried by a court-martial.rule 3 of the criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969. trial of person subject to the act.... where a person subject to the act, is brought before a magistrate and charged with an offence for which he is liable to be tried ..... in the instant case, the prescribed authority, of the border security force exercised its discretion under section 80 of the act and decided to try the civil offence committed by the accused/appellant-petitioner under the security force court, like gsfc.21. from the aforesaid provisions of the bsf act and the rules, a reasonable person can easily come to .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-12-2007
..... the accused having been lodged by the coy. commander, moreh coy. the bsf authorities exercised their discretion, under section 80 of the border security force act, 1968 (in short, 'bsf act'), to institute a general security force court (in short, 'gsfc'). a gsfc was accordingly convened and the respondent herein faced the trial on the charge of having intentionally caused ..... is further submitted by mr. komal that even if the learned single judge had noticed some infraction, in either following the procedure prescribed under the bsf act and the border security force rules (in short, 'the bsf rules') framed thereunder or even if the learned single judge had found that the summing up by the law officer ..... for trial by a sfc has to be tested on the touchstone of article 21 and if the procedural safeguards given to a person from the border security force, under the bsf act and/or the bsf rules, are violated, violation thereof would, in substance, be denial of the right to a fair trial. a person, .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-25-2007
..... bsf (assistant commandants) recruitment rules, 1985, issued in exercise of powers conferred by clause (b) of sub-section (2) of section 141 of the border security force act, 1968. the method of recruitment to the post assistant commandant is provided under rules 3 and 4 and the details thereof have been described in the schedule ..... qualification has been provided. but the candidate must pass matriculation or higher secondary examination passed or an equivalent of a recognized board of education/university or border security force certificate of education class-i. to be qualified for promotion, it is aho one of the conditions that a candidate should have five years experience ..... solicitor general of india.3. in nut shell, the case of the petitioner as projected in this writ petition is that he was appointed as constable under border security force (for short 'bsf') in the year, 1968 and during the course of his service period in consideration of satisfactory service, he was promoted upto the .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-24-2007
..... his business strictly in accordance with the terms of the licence issued to him under the provisions of the essential commodities act, 1955 (for short, the act'), on 28-11-1992 at about 6 p.m., a contingent of the border security forces (for short, 'the b.s.f.') (defendant no. 4), raided his shop and in his presence seized ..... also keeping in view the insult felt by the plaintiff.10. the learned counsel representing the appellants as well as pro forma defendants/ union of india have forcefully contended that by no stretch of imagination the plaintiff/ respondent herein was entitled to get any such compensation as damages because on the face of the judgment itself ..... state appellants along with pro forma-respondent/union of india are not liable to pay any such amount as compensation.16. at this stage, mr. das, has forcefully argued that since it was a case of malicious prosecution wherein appellant was illegally, intentionally, mala fide and with malice harassed and dragged to the court for no .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-07-2007
..... ) of section 42 of the act, which reads as under:(1) any such officer (being an officer superior in the rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf ..... possession must be conscious possession. perhaps taking clue from the decision of this court in inder sain v. state of punjab : 1973crilj1537 arising under the optum act, the learned trial judge charged the accused of having conscious possession of poppy husk. assuming that poppy husk comes within the expression poppy straw, the question, however ..... reasons whatsoever. that apart, sri t. mahanta, who made search and seizure was not empowered or authorised by the state government to take action under the ndps act. thus, action taken by sri t. mahanta was without authorization. learned trial court while proceeding with the trial and also at the time of writing the .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-10-2007
..... registered. it was only a renewal deed for the continuation of the old tenancy and also to acknowledge the payment of additional advance and security. the other terms and conditions embodied therein were not intended to be acted upon.the first deed has no relation with the second deed and that the second deed created a new tenancy. if the first ..... no relation with the second one even though the part of the unadjusted advance of rs. 8000/- of the first agreement was carried to the second agreement as advance and security. after the lease period, which expired on 31-5-1985 the tenant/defendant/opposite party herein was a tenant by holding over. as it was a monthly tenancy the ..... about his withdrawing from tenancy. so, we can hold that the tenancy created by the first deed in favour of the two tenants did not terminate and was still in force when the second deed was born. the second deed (ext. 1) was executed by only the appellant on the one side and the two landlords on the other. whatever .....
Tag this Judgment!Court : Guwahati
Decided on : May-29-2007
..... charges:charge-i.that the said no. 920810318 ct (gd) dharam raj singh of a/27 coy crpf while functioning as ct/cd committed an act of force under section 10(n) of crpf act 1949, in that he abused no. 931152042 ct. dinesh singh on 4.9.2001 at about 1830 hours which is prejudicial to good order and ..... is not reasonably practicable to hold an enquiry in the manner provided in these rules; or(iii) where the director-general is satisfied that in the interest of security of the state, it is not expedient to hold any enquiry in the manner provided in these rules, the authority competent to impose the penalty may consider the ..... an institution to maintain law and order and national security to develop the national life. it is the duty of the member of the disciplinary force to work for fulfilling the national aspirations. if the member of such disciplined force becomes undisciplined then the consequences will be nothing but nullification of the force, which is recognized by virtue of its discipline .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-13-2007
..... rate to be accepted. it having met the approval of the concerned authorities, the respondent no. 5 on 24.11.2006 was asked to report with the security money of rs. 8,24,000/- for completion of the other formalities. the written agreement was thereafter executed on 28.11.2006, inter alia requiring the ..... or(iii) any preparation containing any one or more of such substances;in conformity with the said prescription, insecticide has been catalogued in schedule to the act. admittedly neither bionol nor cardol/cardonol find place therein. no notification of the central government published in the official gazette including these substances in the list ..... counsel emphasized that the respondent no. 5 was neither appointed not-authorized by any licensed dealer or manufacturer of the commodity concerned within the meaning of the act and the insecticides rules, 1971 (hereafter referred to as the rules), and, therefore, its tender being obviously ineffectual ought to have been left out of consideration .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-30-2007
..... to may 12, 2005. according to the learned senior counsel, because of the omission of section 3(4) from the act, the bank guarantee given for payment of tax in respect of the period when such provision was in force, cannot be encashed. mr. ganesh in support of his contention has placed reliance on the decision of the apex court ..... been omitted, section 6 of the assam general clauses act is of no avail.143. section 6 of the assam general clauses act which is in pari materia to section 6 of the general clauses act provides that unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal ..... area of assam for consumption, use or sale therein, which came into force on october 1, 2001, on publication of a notification dated september 28, 2001 in the assam gazette (extraordinary) specifying the said date, in terms of the provisions contained in section 1(3) of the said act. clause (b) of section 2(1) defines 'entry of goods .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-06-2007
..... ) in so far as a person stands in the character of 'person accused of an offence', as soon as such person is arrested by an officer of the force on suspicion or on charge of committing an offence under the penal law. this submission, to say the least, is contrary to the legal position already noted above ..... appropriate to bear in mind that the construction placed upon section 10 of the opium act would be applicable with all force to the interpretation of section 54 of the ndps act.36. now, coming to the question of presumption envisaged under section 54 of the ndps act, it may be noted that the presumption under the section is a presumption of law ..... which stands on a different footing from an optional presumption of fact as envisaged by section 114 of the evidence act. .....
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